THIS TRIAL CHAMBER of the International Tribunal for the
Prosecution of Persons Responsible for Serious Violations of International Humanitarian
Law Committed in the Territory of the Former Yugoslavia since 1991 ("the
International Tribunal"),

BEING SEISED OF a "Request for Provisional Release of Mr. Simo
Zaric", initially filed on 19 January 1999 ("the Request"),

RECALLING that the Request was followed by written submissions from
the parties, a ruling by the Trial Chamber, a decision of the Appeals Chamber referring
the matter back to the Trial Chamber,1 a hearing on the
Request, and further written submissions from the Office of the Prosecutor
("Prosecution") on the application of Rule 65 as amended in December 19992,

HAVING HEARD the submissions of the parties in open session on 23 November 1999,

CONSIDERING that the Trial Chamber is not yet satisfied that
sufficient guarantees exist for the granting of the Request,

HEREBY ORDERS the Defence for Miroslav Tadic within fourteen days
to provide to the Trial Chamber

2. The following undertakings and guarantees in writing from the
appropriate authorities:

(a) a guarantee that, if the Trial Chamber decides to grant the Request, a designated
official of the Republic of Bosnia and Herzegovina shall:

i. take custody of the accused from the Dutch authorities at Schiphol airport at a date
and time to be determined by the Trial Chamber;

ii. accompany the accused for the duration of his travel to Bosnia and Herzegovina; and

iii. accompany the accused back from Bosnia and Herzegovina to Schiphol airport and
deliver the accused back to the Dutch authorities at a date and time to be determined by
the Trial Chamber;

(b) that the local Bosanski amac police will ensure that the accused reports to
the police station each day, maintain a log and file a monthly written report confirming
the accuseds compliance, and immediately report a failure to attend by the accused
to the International Tribunal;

(c) detain the accused immediately should he attempt to escape or breach any of the
terms of his provisional release (as notified to the Republic of Bosnia and Herzegovina by
the International Tribunal), and advise the International Tribunal so that arrangements
for his transfer back to the International Tribunal can be made; and

2. The following undertakings and guarantees in writing from the
accused:

(d) that, whilst on provisional release, the accused shall remain within the confines
of the municipality of Bosanski Samac;

(e) that, whilst on provisional release, the accused shall surrender his passport to
the International Police Task Force (IPTF) in Oraska or to the Office of the Prosecutor in
Sarajevo;

(f) that, whilst on provisional release, the accused shall report once per day to the
local Bosanski Samac police;

(g) that, whilst on provisional release, the accused shall consent to have the ITPF
check with the local police about his presence and to the making of occasional,
unannounced visits to the accused;

(h) that, whilst on provisional release, the accused shall undertake not to have any
contact with any other co-accused in the case;

(i) that, whilst on provisional release, the accused shall undertake not to have any
contact whatsoever nor in any way interfere with any persons who may testify at his trial;

(j) that, whilst on provisional release, the accused shall undertake not to discuss his
case with anyone other than his counsel;

(k) that, whilst on provisional release, the accused shall assume responsibility for
all expenses concerning transport from Schiphol airport to Bosanski Samac and back, and
the accused shall produce to the Trial Chamber a valid open-dated air ticket from Schiphol
airport to the closest airport to Bosanski Samac; and

(l) that the accused shall undertake to comply strictly with any order of this Trial
Chamber varying the terms of or terminating his provisional release.

The Trial Chamber remains seised of this matter.

Done in English and French, the English text being authoritative.

___________________________
Patrick Robinson
Presiding

Dated this twenty-ninth day of February 2000
At The Hague
The Netherlands

(Seal of the Tribunal)

1. "Decision Relating to the Trial
Chambers Ruling on the Basis of Written Submissions Prior to Holding Oral Arguments
as Scheduled", Case No. IT-95-9-AR73, 28 July 1999.2. Rule 65 (B) was amended on 7 December 1999 to remove the words
"only in exceptional circumstances" pursuant to IT/161, 30 November 1999. At the
hearing on 23 November 1999, the Trial Chamber informed the parties of its intention to
apply the Rule as amended (once it entered into force) to the Request, and the OTP
requested an opportunity to respond, which request was granted.